Colorado has laws in place to protect consumers who purchase a new vehicle within the state. If the car has a significant defect that impairs the use or market value of the vehicle, then you have rights under Colorado law to ensure that the manufacturer addresses problems with the vehicle.
Although you have this right as a consumer, sometimes enforcing this right can be a challenge, especially when you are up against a huge car manufacturer.
Experienced lemon law attorneys in Colorado can help you deal with this issue if you feel like your rights are being violated. If you think you have grounds for a lemon law claim, contact a Colorado lemon law attorney.
How Colorado Defines What a Lemon Car Is
New cars will generally come with a warranty. That warranty states that a manufacturer will repair or replace defective parts based on the warranty terms. However, just because a manufacturer promises that it will do this, it does not mean that they always will. When a manufacturer does not perform as promised, that is when lemon laws come into play.
Colorado lemon laws only apply to certain types of vehicles.
In Colorado, a lemon car must meet the following criteria.
- New (no used vehicles)
- Is not a motorhome or motorcycle
- Cannot carry more than ten people
- Is sold to a consumer within Colorado
Colorado Lemon Law Requirements
While federal laws such as the Magnuson-Moss Warranty Act govern product liability and warranties, Colorado lemon laws provide specific protections for owners of defective new vehicles.
Lemon laws in Colorado only apply to new vehicles. Unfortunately, there are no similar laws in the State of Colorado that apply to used cars.
New Car Lemon Law in Colorado
- The defect must substantially impair the vehicle’s use or decrease the market value of the car.
- The defect must arise within one year of purchasing the vehicle or delivery of the car, whichever is later.
- Customers must make reasonable attempts to correct the defect before lemon laws apply.
- Colorado defines a reasonable number of attempts to four or more tries in the first year of owning the car.
- Lemon laws will also apply if the car has been in for repair for more than 30 total days for the same repair. The 30 days do not have to be consecutive.
- Defects like rattles or squeaks will not trigger lemon laws in Colorado because they do not affect the use or market value of the car.
- Before suing under Colorado’s lemon laws, the consumer must send a written notice of the defect to the manufacturer by certified mail.
- Once the notice has been mailed, the consumer must also go through the manufacturer’s informal dispute resolution process, if one exists.
- You must also allow the manufacturer another chance to repair the car after this notice.
- If there is a defect that cannot be repaired after reasonable attempts, the manufacturer has the option to replace the vehicle or refund you the purchase price
Breach of Warranty in Colorado
Lemon laws are just another way that you can force a manufacturer to adhere to the warranty that already comes with your new vehicle. In Colorado, you can sue a manufacturer by going through the lemon law process as well as suing under “common law” breach of express warranty. In fact, lemon laws are considered a form of breach of warranty laws. They are simply specific to the automotive industry.
To prove breach of warranty in Colorado, you must show:
- The manufacturer expressly warranted the product to perform in a certain way
- The plaintiff was reasonably expected to use the product
- The product was not as warrantied
- The violation of the warranty caused you damages or other losses
- The plaintiff notified the manufacturer of the breach of warranty within a reasonable time after discovering the problem
Lemon laws are similar, but they are less strict. They do not require that you prove any particular damage, for example, other than that the vehicle was not working as expected.
Exceptions to Colorado Lemon Laws
Colorado lemon laws are limited. You must discover the defect within one year of the date that you purchased the vehicle or the time of the delivery of the car, whichever is later. Motorcycles and motorhomes are not covered. Generally, the car must also be used for personal reasons, which means that business-use vehicles likely don’t qualify for lemon law protections. Used cars also do not qualify under Colorado lemon laws, either.
In Colorado, lemon laws are also explicitly tied to the language in the manufacturer’s warranty language. That means that if the manufacturer does not cover a specific item, then there likely is no lemon law protection for that defect.
It also means that if the warranty is for less than one year, then the shorter warranty period will apply, rather than one year that is set out by Colorado law.
Colorado Lemon Law Cases
Robison Lemon Law Group, LLC has significant experience with lemon law cases.
For example, we won cases that deal with:
- Engine failures
- Electrical defects
- Brake issues
- Alignment problems
- Rattling and shuddering that causes problems controlling the car
- Transmission issues
- Turbo problems
Every case is different. Previous successful cases are not a guarantee of future outcomes. Let us evaluate your situation to determine whether pursuing a lemon law claim is the right option for you.
Talk to an Experienced Lemon Lawyer in Colorado and Get a Free Case Evaluation
If you suspect that your vehicle has a defect that triggers Colorado lemon laws, you need to act quickly because of Colorado’s short period in which to attempt to address the flaw. Having an attorney help you with this process can be extremely beneficial.
Contact the team at Robison Lemon Law Group, LLC by filling out the Question/Contact form to your right.
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